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IN THE HIGH COURT OF KARNATAKA
AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2021
BEFORE:
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.4278 OF 2021
BETWEEN:
HARISH M
S/O MOHAN
A/A 28 YEARS
R/A C/O RUKKU BUILDING, NO.175
6TH CROSS, GAJENDRA NAGAR
OLD BYAPPANAHALLI, BANGALORE … PETITIONER
[BY SRI. EUGENE PRABHU BARRAT, ADVOCATE]
AND:
STATE BY BAIYAPPANAHALLI POLICE
STATION BANGALORE … RESPONDENT
[BY SRI. VINAYAKA V.S, HCGP]
***
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.73/2021 OF BYAPPANAHALLI P.S., BENGALURU CITY FOR THE
OFFENCE P/U/S 498A, 307 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY
THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed under Section 439 of Cr.P.C. by
accused No.1 to enlarge him on bail in Crime No.73/2021 of
Byappanahalli Police Station registered for offences punishable
under Sections 498A, 307 read with 34 of IPC.
2. Heard the learned counsel for petitioner and learned
High Court Government Pleader for respondent-State.
3. On a complaint lodged by the mother of the victim
the aforesaid case was registered against the petitioner and two
others. Complaint averments are that the victim namely
Snehalatha is the wife of the petitioner. Their marriage was
performed about a year prior to the date of incident. The
petitioner, his mother and brother were picking up quarrel with
the victim and subjecting her to physical and mental torture. On
26.04.2021 at about 6.30 a.m. when the victim had gone to the
first floor of the house to put the clothes for drying, the
petitioner pushed her from the first floor with an intention to
commit murder.
4. The learned counsel for petitioner has brought to the
notice of the Court the history furnished to the hospital, wherein
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it is stated that it was a self fall. The statement of the victim was
recorded on 26.06.2021. She has stated that due to harassment
meted to her by the accused persons, with an intention to
commit suicide she jumped from the first floor. Though it is
alleged by the victim in her statement that the petitioner was
picking up quarrel for petty reasons and subjecting her to
harassment, she has not stated that the petitioner has pushed
her from the first floor and attempted to commit her murder.
Charge sheet has been filed for offence punishable under
Sections 498A read with 34 of IPC. The petitioner was arrested
on 13.04.2021.
5. Learned High Court Government Pleader has
contended that the victim being the wife of the petitioner, there
are chances of tampering in the event the petitioner is released
on bail. The said apprehension can be safeguarded by imposing
suitable conditions. Accordingly, the following
ORDER
Criminal petition is allowed.
Petitioner shall be enlarged on bail in Crime No.73/2021 of
Byappanahalli Police Station, subject to following conditions:-
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i) Petitioner shall execute a personal bond in a
sum of Rs.50,000/- (Rupees Fifty Thousand
only) with two sureties for likesum to the
satisfaction of the jurisdictional Court.
ii) Petitioner shall furnish proof of his residential
address and shall inform the Court, if there is
any change in the address.
iii) Petitioner shall not tamper with the prosecution
witnesses and he shall not put any threat or
inducement to the victim or her family members
in any manner.
iv) Petitioner shall appear before the trial Court on
all dates of hearing.
SD/-
JUDGE
HB/-
This judgment sheds mild on an essential criminal count number and the implications it holds. The thorough evaluation and reasoning supplied via the court docket make it a compelling read. Kudos to the judiciary for turning in justice in a honest and obvious manner!